Q: Father hasn’t seen children in 5 years, does he have the ability to take custody of the children?
He has paid child support, but hasn’t made contact with them since divorce, did not request custody at divorce hearing.
A: There isn't enough information to answer the question. If you are asking if he hasn't seen the in 5 years and has just popped up to exercise his parenting time, you can't deny the parenting time if it's ordered by the court. If you feel that him exercising parenting time would be detrimental, then you need to file a modification.
A:
I would recommend the father seek visitation first to re-establish a relationship. After two years or so of having a strong relationship with the children, primary physicsl custody would not be out of the question.
With the information that was provided, at least, the father has almost zero chance of obtaining immediate primary custody after a 5 year absence.
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